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1 1 The Difference between Electronic and Paper Documents In principle, electronic discovery is no different than paper discovery. All sorts of documents are subject to discovery electronic or otherwise. But here is where the commonality ends. There are substantial differences between the discoveries of the two media. The following is a list of discovery-related differences between electronic documents and paper ones. We assume that a paper document is a document that was created, maintained, and used manually as a paper documents; it is simply a hard copy of an electronic document. 1.1 The magnitude of electronic data is way larger than paper documents This point is obvious to the majority of observers. Today s typical disks are at several dozens gigabytes and these sizes grow constantly. A typical medium-size company will have PC s on the desks of most white-collar workers, company-related data, accounting and order information, personnel information, a potential for several databases and company servers, an server, backup tapes, etc. Such a company will easily have several terabytes of information. Accordingly 1, such a company has over 2 million documents. Just one personal hard drive can contain 1.5 million pages of data, and one corporate backup tape can contain 4 million pages of data. Thus the magnitude of electronic data that needs to be handled in discovery is staggering. In most corporate civil lawsuits, several backup tapes, hard drives, and removable media are involved Variety of electronic documents is larger than paper documents Paper documents are ledgers, personnel files, notes, memos, letters, articles, papers, pictures, etc. This variety exists also in electronic form. But then spreadsheets are way more complex than ledger, for example. They contain formulas, may contain charts, they can serve as databases, etc. In addition to all added information, e.g. charts, ability to view the actual computations involved, e.g. formulae, the electronic spreadsheet supports experimentation with what-if version the discoverer may want to investigate. Personal digital assistants, pocket PCs, palm devices or BlackBerry devices, are subject to electronic discovery. Many of these devices can be 1 High-Risk Insurance Company Reduces Risk Of Losing Documents, Business Solutions, March 1998, 2 Linda G. Sharp, The complexity of electronic discovery requires practitioners to master new litigation skills, Los Angeles Lawyer, October 2005, Vol. 28, No. 8.

2 used to send and retrieve s. Since an deleted from a network may still exist on an individual employee s PDA, parties may demand discovery of the contents of PDAs. 1.3 Electronic documents contains attributes lacking in paper documents Computers maintain information about your documents, referred to as metadata, such as: author s name, document creation date, date of it last access, etc. A hard copy of the document does not reveal metadata, although certain metadata items may be printed. Depending on what you do with the document after opening it on your computer screen, the actions taken may change the metadata collected about that document. Paper documents were never this complex. 1.4 Electronic documents are more efficient than paper documents Paper documents are delivered by mail and stored locally in filing cabinets 3. For multiple users to access documents simultaneously one needs a set of documents per each accessing person. File cabinets are bulky and use up valuable office space. Paper documents are difficult to search, carry, copy, and modify. Paper documents are easily damaged, misfiled or misplaced. Electronic documents are delivered by networks, disks, flash memory and CD/DVD and are stored on a file system. Multiple users can read and review electronic document simultaneously. Computer file systems are getting smaller and contain more data every year. Personal file systems are physically smaller than a small cell phone; only very large companies need massive file systems that occupy a lot of real estate. It is almost too easy to search, carry, copy, and modify electronic documents. Electronic documents, in a well run operation, have copies and damage to a single copy causes extra work but no loss. 1.5 The structure of electronic documents may reach complexity absent from paper documents A description of the structure of an object (i.e. document) identifies its component parts and the nature of the relationships between those parts 4. Describing documents (i.e. objects) this way points to the complexity of electronic documents. The following list shows some aspects of the complexity of electronic documents. An electronic document may consist of subdocuments that do not even have to reside on the same computer. 3 Content Management, Ryerson University s Open College unit, Xerox Process Study, 5/30/ Pete Johnston, Document Structure, in Effective Records Management Project, UNIVERSITY OF GLASGOW, May

3 An electronic document may be written in HTML and displayed by a Web browser. Such paper documents don t even exist. An electronic document may have hyperlinks 5 to other documents. An electronic document may have dynamic parts. This holds in an obvious way to Web pages that can include (and invisible to the reader) programs in languages such as JavaScript and ASP, which run in the browser and the reader views only the results of these runs. It may also hold to text document or spreadsheets as a result of embedded executable fields, functions and macros. Electronic documents have much wider spectra than paper ones as they can include not only the classic, word-processed text but tables, databases or a part thereof as well as image, voice and video. 1.6 Electronic documents are more persistent and more difficult to destroy than paper documents Paper documents are easy to destroy. Throwing away or shredding makes paper documents disappear. Deleting an electronic document eliminates only the ubiquitous accessible copy. The document, i.e. its data, still exists and in systems such as Windows and Mac OS, an accessible reference to deleted documents may be in the trash bin. Restoring a document in the trash bin, i.e. a deleted document, revives the document to its original glory. Even removing the document from the thrash bin does not erase the documents data off the disk. Once removed from the thrash bin, documents data areas on the disk go into a fee list that makes those areas available for future data creation needs. The free list contains all areas not currently allocated to active documents as well as to deleted documents still in the trash bin. How long will an area stay on the free list (thereby still containing the deleted documents data)? That is difficult to predict due the huge variability of factors such as: future demand for disk space, size of current and future files, the current availability of disk space, etc. Even the complete deletion of a document, its trash bin instance and the allocation of the document s data area on the disk does not typically extinguishes the document altogether. Several practices create copies of documents and are only marginally affected by document deletion: Backups most organizations and individuals create back up copies of documents as regular practice as precautionary actions. The backups are maintained independently of the document itself. 5 James H. Pence, How to Do Everything with HTML, McGraw-Hill Osborne Media; (May 22, 2001)

4 Documents may be exchanged by , access through web pages and manually handed electronic copies. Thus created copies continue to exist after the deletion of the original document. Even work on a simple text document is quite frequently preceded by creating a copy of the document being edited. Once again, such copies persist beyond the deleted document unless specifically deleted. 1.7 Electronic documents change faster, more frequently and easier than paper documents Changes to an electronic document are fast and easy. The reason is obvious; all you need to do is make the change and save it. Changes to paper documents, however, require retyping the whole document. There are many other reasons to the difference in speed and frequency. We already said that documents may be dynamic. Web pages are made dynamic in order to ease change. For discovery, faster and frequent changes imply a need for a more meticulous and length monitoring of document discovery. 1.8 Electronic documents last longer than paper documents Paper deteriorates with time; paper documents can be destroyed by flood and fire. Although these factors have their parallels in electronic documents, e.g. a flooded computer loses its data; typical backups of the documents practices maintain copies away from the office. Paper documents may enjoy the same treatment, but the frequency, extent and usage of such backups is substantially smaller. Electronic document suffer from upgrades in technology. If one used a peculiar word processor, e.g. WordStar, to write a document ten years ago, today it will be difficult to find a tool to read that document. Same holds for spreadsheets, databases, etc. Again, most companies have practices that avoided such problem by evolving documents with time. 1.9 The redundancy in electronic documents is higher than in paper documents There are several levels of redundancy to electronic documents. Due to the type of recording used for electronic data, minor errors in a document can be corrected by computer tools. The tools rely on the redundancy of checksums and other devices Due to frequent changes in documents, individuals learn to save previous versions of the documents. Doing that generates redundancy of document versions. s, flash memories, CDs all proliferate documents and result in high redundancy Most companies and many individuals make backup of documents

5 Tool that control versioning of files create built-in redundancy 1.10 An electronic data is more likely to be created by several individuals than a paper document MS Word supports Document Collaboration. 6 Where this term implies: new objects, properties, and methods of the Word 10.0 Object Library shown in this article allow you to change the display of revisions and comments, accept and reject revisions, and start and end a collaborative review cycle. Another tool, Workshare 3 7, is an add-on to Microsoft Word that manages collaboration on Word documents and integrates this activity with and the organization s document repository tool. Collaborations on databases (e.g. people using a bank s ATMs update the bank s database), spreadsheets (e.g. BadBlue 8 ), and Web sites are commonly practiced. This dwarfs collaborations on paper documents possible. For discovery it implies that the author of a Word document may not be the only person involved in writing the document. One has to determine all the parties that collaborated on the document Electronic documents may be created by electronic means while paper documents are created by humans Paper documents are always written by human beings. That is not necessarily the case with documents. We start with a simple, and rather common, example. The Quicken financial program will generate financial reports from a database of financial transactions. 6 Lisa Wollin, Creating Custom Solutions for Document Collaboration, Microsoft Corporation, April 2001, Applies to: Microsoft Word Martin Langham, Closing the Collaboration Gap, IT-Director.com, September BadBlue Excel Web Sharing FAQ,

6 This is an application created document. Using MS Word and its Autosummarize tool on a large document we got: Patient Monitoring Techniques in Telemedicine Through the leverage of these devices we can formulate distributed algorithms and create effective data structures to properly monitor patients. Every patient will have very specific needs and we need a real time system to properly monitor the status of every single patient. Each individual patient will be uniquely identified with a combination of building, floor, room, and patient id. Senior Citizen Patients Monitoring Tree Lastly, each room contains one patient. The objects could be customized to contain all pertinent monitoring information of each respective patient. Our goal is to formulate a Medical Object Query Language (MOQL) The medical devices can interface with each object api to continuously update each patient object (MP). Research Goals The tool created the document within the box. In this case, discovery has to find the person that wrote the original document. That is not needed with paper document.

7 1.12 Electronic discovery requires support of an infrastructure that paper discovery has never needed The large volumes of data, its complexity, its variety of electronic documents have brought about many types of computer tools to help overcome the obvious difficulties. Socha Consulting 9 provides the following entries in its Tools section (we drop the commercial part and use just the generic description): Electronic discovery software; allows users to evaluate and manage electronic documents Automated litigation support software; allows users to organize, search, and retrieve with attachments Open, view, print and convert various files types Review, acquire and analyze digital information on individual machines or across a wide-area-network View and access contents of various file types Automated litigation support software; allows users to process electronic files In the chapter dedicated to ED tools, we will discuss tools in a generic way and demonstrate their functionality. 2 Document Discovery in the Electronic Age 2.1 Introduction Electronic Discovery (ED) describes the process of identifying, locating, securing and producing electronic data for the purposes of obtaining evidence for civil or criminal litigation. The discovery of electronic data has become commonplace in litigation. 10 That manual states that a discovering party must be able to learn the underlying computer theories and preparation procedures in order to understand the meaning of computer information, particularly if it will be used at trial. More than 90% percent of the world's data is in electronic format. Most of these electronic documents are never printed 11. Reviewing electronic data, therefore, is essential to conducting comprehensive discovery otherwise most of the potential evidence is left unexamined. 2.2 Discoverable Data Sources and Types Electronic evidence has been broadly defined as any electronically-stored information subject to pretrial discovery David F. Herr, Annotated Manual for Complex Litigation, 4th, 2005 ed. Thomson-West. 11 Andre Guilbeau, Getting a Grasp on Electronic Discovery, Houston Business Journal, Vol. 34, No. 49, 2004.

9 Figure 2 Company Network The typical company office will have several servers, a wired local area network (LAN), several PCs, printers, and scanners. Many will now also have a wireless network with several hot points Servers According to Wikipedia 12 a servers is (references are ours): 12 Nora Miller, Wikipedia and the disappearing "author".(piece of writing) : January 1, 2005, International Society for General Semantics, Volume: 62 Issue: 1 Page: 37(4), and

10 A computer software application that carries out some task (i.e. provides a service) on behalf of yet another piece of software called a client. In the case of the Web: An example of a server is the Apache Web Server 13, and an example of a client is the Mozilla Web Browser 14. Other server (and client) software exists for other services such as , printing, remote login, and even displaying graphical output. This is usually divided into file serving, allowing users to store and access files on a common computer; and application serving, where the software runs a computer program to carry out some task for the users. This is the original meaning of the term. Web, mail, and database servers are what most people access when using the Internet. The typical office now supports an Internet server that connects the office to the outside world and may offer some externally accessible office pages. Most offices have an server (e.g. Microsoft s Exchange Server 15 ). Other servers than may be found are: a database server (e.g. Oracle 16 ), an application server (e.g. IBM s WebSphere 17 ), and a file server (e.g. Linux 18 ), etc. The servers may share computers or may each have a whole computer for them. Each of these servers is a separate computer application with its own complexity, infrastructure, configuration, file and data Local Area Network (LAN) The LAN consists of cables that are the wires through which the data is communicated, a router - a device that forwards data packets toward their destinations through a process known as routing switches - connect different types of network segments together to form a heterogeneous network - hubs and the computer to which the LAN is connected. Although LANs are used to transmit data from one computer to another, they still have some data content. There are two main data storage facilities with discovery implications. Routers and switches may have three data components: Software modules Configuration parameters Statistical data Higher-end routers and switches can be loaded with software by the user. This software may be bought or home-made and may be of interest in discovery. Routers and switches have to be configures to the environment where operate. For that purpose, the local network administrator sets parameters that make the network operate as required. In well 13 Katherine Wrightson, Kate Wrightson, Apache Server 2.0: A Beginner's Guide, Osborne/McGraw-Hill; 1st edition (September 5, 2001) 14 Nigel McFarlane, Rapid Application Development with Mozilla, Prentice Hall PTR; 1st edition (November 7, 2003) 15 Scott Schnoll, Microsoft Exchange Server 2003 Distilled, Addison Wesley Professional, Kevin Loney, Oracle Database 10g: The Complete Reference (Osborne ORACLE Press Series), McGraw-Hill Osborne Media; 1 edition (May 5, 2004) 17 Tim Francis, Eric Herness, Rob High, Jr., Jim Knutson, Kim Rochat, Chris Vignola, Professional IBM WebSphere 5.0 Application Server, Wrox-Wiley December Brian Bilbrey, Linux Transfer for Windows Network Admins: A Roadmap for Building a Linux File Server, Hentzenwerke Publishing (November 1, 2003)

11 run companies, such parameters, their justification, previous settings and related information are kept as paper or electronic logs. Routers and switches continuously monitor the network and collect traffic statistics. These devices have predefined means to retrieve such statistics form a controlling computer and make them available. Statistical data may be significant for discovery. For instance, huge peaks of traffic on certain days may indicate activity counsel may be looking for. Storage Area Network (SAN): is a high-speed special-purpose network that interconnects different kinds of data storage devices with associated data servers. It is predicted that SAN will replace file servers, at least, in large enterprises and while they are not referred to as file servers, their function, though not performance, is that of file servers and may contains large amount of data Personal Computers and Workstations Data found on personal computers and workstations that are dedicated to specialized tasks, e.g. graphics computer for better drawing, have all the typical types discovery is interested in. A detailed discussion of these types can found below Data Types We divide discoverable data into two distinct groups. One group is the file system data. Basically, this group is the electronic version of the folders and files we had in the file cabinet and the drawers. True, the electronic version expanded the complexity of the documents, their volume and their variety. Yet, by and large a ledger is now a spreadsheet (now with built-in calculations, use of statistics and math, etc.). The same holds for memos, articles, pictures, etc. The second group is the new guy on the block; it is data we did have when we used just paper. This data is organized differently than the old file cabinet. The prominent data in this group is . just resists the neat organization of a file system. It just piles up as time pass; frustrating not only lawyers, but also administrators that manage it. There are other types of data that do not tow the line. We will call the first type of data structured data and the second type of data piled data Structured Data Active Data Active data are the files on the computer at time of discovery. Most such files can identified by listing the content of directories, themselves a type of a file, and may be associated with applications as input, output, parameters, configuration, measurements, etc. Active data may be examined by a discoverer using simple text viewer (e.g. word processors), or may need to be examined using an application (program). Common applications are er (Outlook is probably the most used of the lot), a spreadsheet application (e.g. excel), a database manager (e.g. Oracle), a Browser (e.g. FireFox), a Weblog aggregator (e.g. SharpReader), etc.

12 Active data may be identified and its associated application known, but the data itself may be protected and its content will not be visible with getting permission to get through the protection. Active data may be password protected or it may be encrypted; in both cases, and especially in civil discovery, further progress with the file examination requires the consent of the owner in the form of the encryption key, password or the production of files that are freely accessible. Among the files on the computer at time of discovery there are many data item that are only indirectly accessible. These items are removed files that still reside within the recycle bin, history files, temporary files, buffered data, Browser caches, cookies, file caches, system registry files (if the computer has a registry), operating system logs, performance logs, etc. Most of this type of data is not pertinent to the case on hand. For instance, in a patent infringement case the Browser cache on the secretary s PC is probably of little use for the opposing counsel, but in an harassment case, such a cache may contradict a statement such as I was out of the office last week. The variety of active files is unbounded. Different computers, e.g. Mac and Windows, will have their additional active files types, either through the operating systems or the different applications they run. Different companies will run different applications and will have different types of files. Even different versions of the same application, e.g. MS Word 98 and MS Word 2003, may have different file types. This list does not end. One needs an expert to navigate the discovery of such variety and a single expert will not do. Different applications/cases may require different experts. It will be wrong to assume, for instance, that files can always be reduced to some visual representation either textual, graphical or even using sound and motion Archival Data Archival data is information copied to an off-line medium. (Off-line is the opposite of online which is described as: something is said to be online if it is connected to some larger network or system). Most businesses have their computer networks backed up, i.e. archived, on a regular schedule. Archival data of a time frame provides a historical record of the active data on this time frame. A backup is nothing more than a snapshot of the data being backed up. It is a reflection of that data at a particular moment in time. Archival data is backed up to: tapes, cartridges, CDs, network servers, network storage or even the Internet. Typically, backups of electronic records have been used for making copies of files available for disaster recovery when the original files are not available due to damage.

13 There are several types of backups 19 (and therefore, destinations for discovery): Full Backups - every single file is written to the backup media Incremental Backups - if a file's modification time is more recent than its last backup time. If it is not, then the file should be backed up Differential Backups - once a file has been modified it will continue to be included in all subsequent differential backups until the next full backup Backup and restoration of active data has been around almost from the very beginning. Thus, this process is well understood, relatively efficient and widely practiced. Most computer facilities have a cyclic schedule of backup tasks whose main purpose is to create a complete copy of, mainly, users active data. The reasons archival data is created are varied. The more frequent reasons are listed below: Need to go back to an earlier file version because of a mistake made when modifying the file A user deletes a file by mistake A computer virus or worm destroys files Hard drive failures Disaster recovery Due to the size of many enterprises and the large amount of active data, backup of mission critical data has become a big business. Companies offer off-site backup processing and facilities with guarantee of restoration in case of need for recovery 20. Archival data can be staggeringly large, particularly in large enterprises. Currently, the tapes used for backup are almost a terabyte in capacity (LTO tapes under the name "Ultrium 21 "). Furthermore, until late 2003 close to 90 Million such tapes have been shipped 22. Clearly, these tapes can accommodate an astonishing amount of data. The archival copy of an active data file does not fully reflect all of the data that can be identified and extracted from the active file. 19 Red Hat Linux 9: Red Hat Linux System Administration Primer, Chapter 8. Planning for Disaster, 2003 by Red Hat, Inc. 20 Ira Gupta, Data-recovery Plans Can Avert Disaster, ITAudit, Vol. 7, November 1, Wikipedia, Linear Tape-Open entry. 22 Krishna Kumar, Storage & Backup, State Of The Mart, PC Quest, September 17, 2003.

14 Individual applications sometimes need to be restored from backup. This backup can easily be botched and the application may not be restorable. On the Windows XP system there is an operating system file called the Registry which may have to be backuped as well, but backup and restore of the Registry is not straightforward Replicant Data Replication of data occurs for several reasons and for several different purposes. An automatic backup, which most companies and agencies use, is executed on a regular basis. This process creates and stores archival data in the computer network which it is responsible for. Replicant data, when viewed from the archival data aspect, refers to side effects of the archival rather the whole volume of data. The reason archival data may also be Replicant data multi-faceted. By definition, a backed up file is a replica of the file. Such a replica has its own life and may reappear in many places Archival data may contain multiple copies of the same file. For instance, two successive full backups will maintain 2 copies, at least, of each file that was in the system at both backups With time, the metadata (see later in the chapter) of a backed up file changes with necessarily changing the content of the data resulting in the original and the replica not being identical anymore. Deleted active files may still be fully alive on the replica Typical examples of places replicant data can be found are printer buffer memories, which store unsaved data that is sent to a printer, and backup tapes, which hold information copied to removable media in order to provide users with access to data in the event of a system failure. To improve the performance of computer systems the operating system may decide to replicate files whose size and amount traffic, i.e. reads and writes. Replication, in this case, is done to make files available locally, located in the network near the user of the file, thereby reducing traffic and avoiding bottle neck. (Disney has a park in California and a Park in Florida, had it stayed with the original park in California all customer would have flown, stayed and visited a single park; Disney reduced the traffic in California and made visits more pleasant.) Users of implicitly replicated files are not aware of files existence and have no control over them. Replicant data copies are subject to discovery and may exist after the original file is long gone. Other sources of Replicant data are: attachments files attached may exist in folders and in personal directories Personal copies made for ease of use 23 Peter Hipson, Mastering Windows XP Registry, 2002 SYBEX Inc., Alameda, CA.

15 Leftover files that were restarted work in different folders Multiple media (e.g. a copy on PC disk and a USB flash card) Some applications are designed specifically to maintain a complete history of documents. Such application goes under the generic name Version Control. (The name implies coexistence of several versions.) For instance, NextPage 24 provides version control for Excel, PowerPoint and Word documents. It also integrates with Windows Explorer and Outlook. There are other products 25 such as the latter. Another important aspect of replicant data is transaction logging. Applications such as word processing programs (MS Word or Wordperfect), databases (Oracle, MySql), and firewalls 26 use transaction logging. Logging allows restoring previously applied transactions. In this respect, it is a Do/Undo mechanism although; it can be much more than just an potential Undo list. Because any Do/Undo mechanism creates a log of what was already done, it is a replica of other information. As illustrated by this example, discovery of replicant and archival data (e.g., earlier, deleted, or modified backup drafts) can be especially problematic because early drafts may contain information that does not reflect the company s true or final position, but are discoverable nonetheless Latent Data Latent data (also called residual and ambient) is data that has been deleted but actually remains in the system. Deleting a file does not remove that data from the computer s disk. Instead the file is removed from its current location and moved into a trash bin. The location of a file is an association between the data and the system of files that is external to the data and is recorded only by the system of files management data. The file stays in the trash bin until it is finally removed altogether, can be done from the trash bin, or restored to its original location. Physically, deleting a file simply changes the location of the file and makes it inaccessible except for finding it in the trash bin. Thus, the physical recording of the data on the disk is not involved in any of the stages discussed here. In other words, even files removed altogether may still have their data on disk in full or in part. Old data is recycled. That is, space on the disk can be overwritten if the disk space is needed. Unallocated recycled data is accessible through special tools, i.e. tools read the physical data, and therefore discoverable. The degree of recoverable old data is arbitrary. The number of variable involved in the life span of deleted data is large. Amount disk traffic, disk capacity, disk utilization, and size of the deleted files are only some of these variables. Discovery success cannot, therefore, be predicted. Furthermore, tool to erase all latent data are a dime a dozen and it seems likely that sooner or later companies and individuals will start to use them on mass. Since these tools leave no marks, their use will increase. 24 nextpage 1.5 product overview, 25 CS-RCS Basic , 26 Configuring Transaction Logging, Chapter 9, Cisco Application and Content Networking Software Caching Configuration Guide, 2002.

16 Embedded Data Simple Metadata Embedded data is data that is automatically created and stored by computer programs that is not part of the content of the document. Embedded data is metadata, which is definitional data that provides information about or documentation of other data managed within an application or environment 27. For example, word processing programs store information about when data files are created and when, and who accesses them. The figure below is an example of some metadata of the document this text appears in. In shows the following items that are not part of the file content: Document name File location Size Creation, modification and last access times Attributes of different kinds Microsoft Office documents, which play a central role in today s basic infrastructural documents, automatically store information, i.e. metadata, about the individual working 27 Dictionary.com,

17 on the documents, her firm, her network and each time your create or access a document file. The following are most of metadata information found in a typical Word or Excel document: Author's name and initials Author's organization name Server name on which the document is stored File properties/summary information Non-visible portions of embedded OLE objects Previous author's names and initials Document revisions Document versions Template details Hidden text Hidden Cells Comments Smart Tags Network and World Wide Web links Word s Object Linking and Embedding (OLE) capabilities allows placing a presentation slide or cells from an Excel worksheet into a document, and Word associates that object with the program used to create it 28. Microsoft's Smart Tags 29 allow items in Word docs, spreadsheet cells and other Office applications to have properties attached to them. For example, a person's name in the document could have knowledge of its entry in a address book, or as the author of a book, or as a family member in some file. Tags may have multiple associations of this sort. Working with an item with Smart Tags attached to it, the individual is presented with a number of options for actions to be taken in association with it. Conceivably, the actions could be automatically carried out. The action can apply to multiple targets the number of which is unlimited. Smart tags, therefore, have great potential. These tags are a great mechanism for automating connections between different files based on different applications. As metadata and for discovery such complex and rich source may be a God s send. 28 Gregory Harris, Cut your Word docs down to size with these OLE techniques, TechRepublic, Networking and Communication, 8/26/ Darshan Singh, Integrating Office XP Smart Tags with the.net XML Web Services, e-doc (Adobe Reader), Apress; ISBN: B0007MHF54; (May 20, 2002)

18 Smart Tags are written in XML 30 which is a widely used mark up language used widely by industry for which there are unlimited number of support tools as well as usage. MS Word, like many other applications, makes use of embedded commands of different kinds. To demonstrate this type of metadata, we start with Field Codes in Word. An example is: The following field displays a Microsoft Graph object embedded (embed: To insert information created in one program, such as a chart or an equation, into another program. After the object is embedded, the information becomes part of the document. Any changes you make to the object are reflected in the document.) in a document: { EMBED MSGraph.Chart.8 \* MERGEFORMAT } 31 Embedded commands are small programs that direct the application, in this case the application is Word, to execute a sequence of step to form a fragment of the document. Spreadsheet application may have mathematical function and even small programs embedded in them. A paper version of the document does not even hint at the existence of such data, but even an electronic version does not show commands unless explicitly asked for Variety of Simple Metadata Metadata is not restricted to documents. Cookies are small text files that are stored on a user's computer by a Web server explicitly permitted to do so by the user's browser software. A cookie itself is not typically read by the user. Rather, it is an identifier used by the Web site that originally placed it on your hard drive. Cookies can contain any arbitrary information the server chooses and are used to introduce state into otherwise stateless transactions. Due to the centrality of Microsoft Office products in the office setting most discussion of metadata centers around MS Office metadata. Clearly, other products have their own metadata instances and typical use. Adobe documents, PDF, and WordPerfect also have metadata 32. Typically cookies are used to authenticate or identify a registered user of a web site as part of their first login process or initial site registration without requiring them to sign in again every time they access that site. Other uses are maintaining a "shopping basket" of goods selected for purchase during a session at a site, site personalization (presenting different pages to different users), and tracking a particular user's access to a site. Metadata types and variety is vast, growing, changing and requires a detailed understanding and the particular domain to which the metadata applies. Fortunately, 30 Elliotte Rusty Harold and W. Scott Means, XML in a Nutshell, Third Edition, O'Reilly; (September, 2004) 31 MicroSoft Word Help file. 32 Donna Payne, Metadata Are You Protected? Payne Consulting Group, 12/7/2004.

19 discovery will typically cover limited domains and a single domain expert may suffice. This book Metadata in Practice 33 provides a background on the world of metadata. It details a wide range of different metadata projects that involve an education digital library, statewide collaboration efforts, museums, university libraries, an image database, geographic data, aggregation, and sharing. It discusses the future of metadata development and practice by exploring its standards, harvesting, reuse, repurposing, and interoperability, among other topics Complex Metadata Most publications dealing with documents focus mainly on textual documents such as: memos, articles, letters, notes, draft documents, manuals, s, etc. All these formats are the creation of word processors. The latter may be MS Word, WordPerfect or a simple computer notepad. We have already mentioned metadata associated with these document formats, but there are potentially other metadata that are less common these days but are being used increasingly with time. A new generation of documents based on markup language, data description and style formats is already used in many applications. Web pages are mostly written in HTML, which stands for Hyper Text Markup Language. A simple example clarifies both HTML and the basic notion of markup. To display EXAMPLE in HTML one writes <B>EXAMPLE</B>. Where < and > indicate a markup, i.e. formatting instruction, B indicates Bold. With enough markup variety one can use a markup language to do everything a typical word processor does. When viewing Web pages one does not see the markup unless it is asked for explicitly. A markup is an executable form of metadata. This metadata has its own metadata. HTML uses Cascading Style Sheets (CSS) that are style sheet language used to describe the presentation of a document written in a markup language. CSS is used to define colors, fonts, layout, and other aspects of document presentation. CSS is the metadata of HTML while HTML is the metadata of the Web page document. Different style sheet will render different colors, fonts and basically change the visual depiction; the content is not affected. Why would the requestor be interested in HTML markups? In other words, although technically HTML markup is metadata, it is seemingly of no interest for legal purposes. That is a wrong assumption. At least two markups may be sources of significant information. HTML has a comment markup, e.g. <!-- Hello -->. However, instead of Hello is may say: <! copyright by ACD Inc. --> and ACD happens the requestors client. In other words, this metadata is the smoking gun! Digital Libraries Application-related Metadata Revision Control 33 Diane I. Hillmann and Elaine L. Westbrooks (Editors), Metadata in Practice, American Library Association (June 1, 2004)

20 Many documents are singletons. Such documents may be related through topics, date, version or source, but each is saved separately and independently of the others. For instance, when counsel takes depositions of several witnesses, each deposition record is totally independent of the other records. The depositions are related by the case under hand, some witness may cover overlapping areas, etc. Above we mentioned NextPage as a revision control application. Here is what Wikipedia says about such an application: Revision control is an aspect of documentation control wherein changes to documents are identified by incrementing an associated number or letter code, termed the "revision level", or simply "revision". It has been a standard practice in the maintenance of engineering drawings for as long as the generation of such drawings has been formalized. A simple form of revision control, for example, has the initial issue of a drawing assigned the revision level "A". When the first change is made, the revision level is changed to "B" and so on. Revision control (RC) maintains detailed information about the documents it contains and on the revisions made to them. This is metadata. Since this metadata pertains to document that already have simple metadata, this metadata augments that original one. We list some common metadata records maintained by a revision control application: Time and date document entered RC first time, which is later than the document creation time Time and date when was document changed Commentary for change (e.g. reason, nature of change, supervisor of change) Change itself A complete history of changes to document Documents may be grouped together into projects, which have their own metadata Some example of project metadata that is (or could be) persisted in the project directory are: Project nature and users Launch configurations how to use the documents Document manipulating application (e.g. MS Word) Tasks/Bookmarks File encodings Dead documents The metadata maintained by RC contains way more information that the individual document contains. Most striking is the fact that RC may provide not only creation, modification and last access dates for a document, but also any access to the data, all the changes and who made them. That is a substantial history of a document.

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